THE ATTORNEY GENERAL & ANOR VS MERCEDES ADDY (H1/145/2022) [2023] GHACA 224 (23 March 2023)

THE ATTORNEY GENERAL & ANOR VS MERCEDES ADDY (H1/145/2022) [2023] GHACA 224 (23 March 2023)

The lower court exceeded its jurisdiction by awarding an additional year of interest beyond the parties' compromise, rendering that portion of the judgment a nullity.

Citation
[2023] GHACA 224
Parties
Plaintiff/respondent: Mercedes Addy; 1st Defendant: Lands Commission; 2nd Defendant/appellant: Attorney General
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
23 March 2023
Case Number
H1/145/2022
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Compulsory Acquisition, Compensation, Excess of Jurisdiction, Consent Judgment, Interest on Judgment Debt
Source Language
English
Civil Procedure Land Law Constitutional Law Compulsory Acquisition Compensation Excess of Jurisdiction Consent Judgment Interest on Judgment Debt

Case Brief

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Parties

Mercedes Addy

Plaintiff/respondent

Lands Commission

1st Defendant

Attorney General

2nd Defendant/appellant

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the lower court exceeded its jurisdiction by awarding additional interest beyond the parties' compromise in a consent judgment.

Ratio Decidendi

The lower court exceeded its jurisdiction by awarding an additional year of interest beyond the parties' compromise, rendering that portion of the judgment a nullity.

Court Disposition

appeal allowed

Orders

  • Order of the lower court awarding additional one year interest on the compromised claim is set aside.
  • No order as to costs.